Updated 18 December 2018 Competent authorities, languages accepted, urgent matters and scope of the EIO Directive 1 of the instrument in the EU Member States - as notified by the Member States which have transposed the Directive 2014/41/EU or on the grounds of the information provided by the EJN Tool Correspondents or National Correspondents AUSTRIA Public Prosecution Services or Courts; in fiscal matters below the threshold for punishable acts before courts: financial criminal authority; in other administrative matters: district administrations and federal police authorities No validation in case of EIO issued by Public Prosecutors offices or Courts; in fiscal matters below the threshold for punishable acts before courts: Head of appraisal senate; in other administrative matters: Administrative Court Public Prosecution Services or Courts; in fiscal matters below the threshold for punishable acts before courts: financial criminal authority; in other administrative matters: district administrations and federal police authorities Same as receiving authorities In cases of serious economic crime and corruption (including: misuse of official power): the Central Prosecutor s Office for Economic Crime and Corruption in Vienna 1 Article 3 states that the EIO shall cover any investigative measure with the exception of the setting up of a joint investigation team and the gathering of evidence within such a team. Article 34 (1) states that EIO replaces the corresponding provisions of three central MLA conventions. Here the Member States can specify, which measures would be excluded from/ included within the scope of the EIO. 1
Public Prosecution Services Austria is considering whether the simple notification of procedural documents or summoning of persons can be regarded as investigative measure falling under the scope of the EIO. Under AT law the criminal proceedings come to an end when the sentence is final. Therefore the term criminal proceedings leaves room for interpretation as to the question of application, e.g. in respect of asset tracing that is conducted after the sentence has become final. German; in relation to Member States that accept German also their official languages are accepted ENTRY INTO FORCE 1 July 2018 BELGIUM The following Belgian judicial authorities are, in accordance with requirements laid down in the law of 22 May 2017 and the Code of Criminal Procedure, competent to issue an EIO: the public prosecutor; the investigative judge. The General Customs and Excise Administration is competent to issue an EIO concerning offences that fall under its exclusive competence if this administration is competent to order the measure itself in a similar domestic case. When an EIO is issued by the General Customs and Excise Administration, it needs to be validated by an investigative judge. The Belgian authority competent to receive an EIO is the public prosecutor locally competent to execute the investigative measure or one of the investigative measures indicated in the EIO. EIOs may also be sent to the Federal Prosecutor, in particular in the following cases: urgency; the location of the investigative measure needs to be determined; coordination of the execution of the EIO is needed. EIOs concerning offences falling under the exclusive competence of the General Customs and Excise Administration may be sent directly to this administration. The following Belgian judicial authorities are, in accordance with requirements laid down in the law of 22 May 2017 and the 2
Code of Criminal Procedure, competent to execute an EIO: the public prosecutor; the investigative judge. ENTRY INTO FORCE 22 May 2017. BULGARIA The General Customs and Excise Administration is competent to execute an EIO concerning offences that fall under its exclusive competence if this administration is competent to order the measure itself in a similar domestic case. Belgium has not designated a central authority. EIOs may also be sent to the Federal Prosecutor, in particular in the following cases: urgency; the location of the investigative measure needs to be determined; coordination of the execution of the EIO is needed. The EIO covers all investigative measures within the framework of a procedure listed in article 4 of the Directive, with the exception of: cross-border surveillance; and the setting up of JITs and the gathering of evidence with such teams according to Article 3 of the Directive 2014/41/EU. French, Dutch, German or English. The competent authorities able to issue an EIO are the following: A public prosecutor in the pre-trial criminal proceedings If the EIO refers to organized crime, the competent authority is the Specialized Prosecutor`s Office regardless of the place of commitment the crime. In all other cases, the competent authority is the respective first instance prosecutor`s office according to the rules of subject matter and territorial jurisdiction according to the Bulgarian legislation art. 35 and art. 36 of Criminal Procedure Code of the Republic of Bulgaria. If the crime is committed outside the territory of Bulgaria and the perpetrator is a Bulgarian citizen, the competent authority is the prosecutor`s office at his/her place of residence. In the same case, but if the perpetrator is not a Bulgarian citizen, the competent authority is a Prosecutor`s Office in Sofia. A judge in the trial itself If the EIO refers to organized crime, the competent authority is the Specialized Criminal Court regardless of the place of commitment of crime. In all other cases the competent authority is the respective first instance court according to the rules 3
described in connection to the pre-trial criminal proceedings. N/A. The competent authorities able to receive an EIO are the following: With regard to pre-trial criminal proceedings A prosecutor of the respective District Prosecutor s Office or Military District Prosecutor s Office within whose judicial area of competence the relevant investigative measure or other procedural measures are requested to be carried out, of evidence which is already in possession is requested to be transferred, or a prosecutor of the Specialized Prosecutor`s Office. With regard to a trial itself A judge of the respective District Court or Military District Court within whose judicial area of competence the relevant investigative measure or other procedural measures are requested to be carried out, of evidence which is already in possession is requested to be transferred, or a judge of the Specialized Criminal Court. Where an EIO requests the carrying out of an investigative measure or other procedural measures which extend to multiple judicial districts, the authority competent to recognise any such order shall be the authority within whose judicial district the most urgent measure is to be carried out. The same as receiving authorities. Please, be advised that the contact details of all District prosecutors offices and courts are available on the EJN Website. With regard to a temporary transfer of a person held in custody on the territory of the Republic of Bulgaria for the purpose of carrying out an investigative measure and other procedural measures The authority competent to recognise and execute an EIO in such cases shall be a judge of the respective District Court within whose judicial area of competence the person held in custody is located. With regard to a transit of persons in custody through the territory of the Republic of Bulgaria for temporary transfer for the purpose of carrying out an investigative measure and other procedural measures The authority competent to receive applications for transit in such cases shall be a prosecutor of the Supreme Prosecutor s Office of Cassation /International Unit/. This is not applicable in the case of transport by air without a scheduled stopover in the Republic of Bulgaria. Bulgarian authorities will only recognise and execute legally valid EIOs even for urgent matters. This means that the EIO shall be transmitted to the executing authority by any means capable of producing a written record allowing the establishment of authenticity. 4
The following measures are excluded from the scope of the EIO: Setting up of JIT and gathering of evidence with such teams according to Article 3 of the Directive 2014/41/EU. Freezing with a view of confiscation and the confiscation itself (Framework Decision 2006/783), taking into account that the existing legal basis for the latter is not replaced in accordance with Article 34 (1) of the Directive 2014/41/EU. Service of procedural documents according to Article 5 (1) of the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union; Extracts from criminal records, to which the ECRIS applies (within a criminal investigation Directive 2014/41/EU may also be used to obtain such information/; Returning of a thing to the injured party according to Article 8 of the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union; Cross-border observation according to the Article 40 of the Convention implementing the Schengen Agreement. Cross-border pursuit according to the Article 41 of the Convention implementing the Schengen Agreement. Bulgarian or English. With regard to the prompt recognition and execution of the EIO, it is recommended the latter to be translated into Bulgarian language in advance. ENTRY INTO FORCE 23 February 2018. CZECH REPUBLIC Judicial Authorities: competent court (judge) /public prosecutor in pre-trial proceedings and in trial if it concerns obtaining evidence necessary for representing prosecution in trial proceedings No. The EIO should be submitted directly to the competent judicial authority. In the pre-trial stage of the proceedings: locally competent Regional Public Prosecutor s Office depending on place where an investigation should take place unless specified otherwise below: the High Public Prosecutor s Office in Prague in a case if an EIO concerns covert investigation (Art 29 of the Directive); the Regional Public Prosecutor s Office in Prague in a case if an EIO concerns crossborder surveillance or control delivery (Art 28 of the Directive); the Regional Public Prosecutor s Office in Prague in a case if an EIO concerns crossborder interception of 5
telecommunications if a technical assistance is not needed (Art 31 of the Directive); the High Public Prosecutor s Office in Prague and Olomouc can be a competent authority for recognition and execution of the EIO with a consent of the Supreme Public Prosecutor s Office under special circumstances - pre-trial proceedings in another member state is connected to a criminal proceedings supervised by these offices in the Czech Republic. During a trial stage of the proceedings: locally competent Regional Court depending on place where the EIO should be executed if it is not stated below otherwise: the Regional Court in Prague in a case of an EIO in a trial stage concerns crossborder interception of telecommunications if a technical assistance is not needed (Art 31 of the Directive); In case several public prosecutor s offices or courts are competent, the EIO will be executed by the public prosecutor s office or court, to which was the request first delivered or forwarded by an authority not competent to accept it. So, it is advisable for foreign authorities to issue one EIO in one criminal matter concerning all evidence gathering measures (even if measures should be executed in different regions) and to deliver it to one of the competent Regional Public Prosecutor s Offices (in pre-trial proceedings) or Regional Courts (in a trial). The same as the receiving authorities. The Supreme Public Prosecutor s Office (in the pre-trial stage of the proceedings) and the Ministry of Justice (in the trial stage of the proceedings) can provide technical/administrative support. The competent judicial authorities should be contacted directly. If the matter clearly cannot be delayed and if there is no doubt about the credibility of the request, the judicial or central authority may initiate execution of actions of international judicial cooperation on the basis of a request of a foreign authority made via telephone, facsimile, electronically, through international police cooperation, personally via a representative of the foreign authority or otherwise. Unless an international treaty or this Act provide otherwise, they will always request the foreign authority to send the original of the request in documentary form within a time period specified by them. Anyway, the language regime should be kept. To facilitate communication with the competent authority, it is recommended to consult the urgent matters with the EJN contact points: 6
- in the pre-trial stage of the proceedings EJN contact points of the Supreme Public Prosecutor s Office; - in the trial stage of the proceedings EJN contact points of the Ministry of Justice; Not covered by the EIO Directive (besides the JITs): service and sending of procedural documents, unless such a service of a document is a part of evidence gathering act (i.e. a hearing of a person) transfer of criminal proceedings (Art. 21 of the 1959 Convention, including of course a transfer of a criminal prosecution according to the 1972 Convention), returning of a thing to the injured party (Art. 8 of the 2000 Convention and Art. 12 of the Second Additional Protocol) including a seizure only for this purpose, freezing/seizure for the purpose of confiscation, freezing/seizure of the accused assets for the purpose of compensation of the victim, exchange of criminal records (with exception of Art. 13 of 1959 MLA Convention, which has not been replaced by the ECRIS FWD and where the EIO should be sent between judicial authorities), procedures of customs authorities according to the Naples II Convention, cross border pursuit according to Art. 41 Schengen Implementing Convention, providing spontaneous information a request for examing the files by an accused person after the police authority deems the investigation concluded and its results sufficient for filing an indictment a request for a consent to use information as evidence that has already been provided via police cooperation (the implementation of the Art 1(4) of the Swedish initiative and Art 39(2) of the Schengen Implementing Convention). We will use an EIO also for a cross border surveillance (we will use a MLA request only for cross border surveillance done only by technical devices when no technical or personal assistance of other state is needed stipulated by the bilateral treaties with AT, DE and SK that provide the higher standard than the EIO Directive). Czech or Slovak language. 7
ENTRY INTO FORCE 16 August 2018 CROATIA The competent authorities in Republic of Croatia to issue an EIO are: - Municipal and County State Attorney s Offices - Municipal Courts and County Courts - Misdemeanour Courts. N/A. County State Attorney s Office competent depending on the area of execution of requested investigative measure or depending on the area where an evidence is located. For the purpose of carrying out an investigative measure supervision of telecommunications when the subject of supervision is located on territory of the Republic of Croatia and the Republic of Croatia does not provide technical assistance to carry out the supervision (Article 31 of the Directive), the competent authority for receiving notifications regarding supervision is County Court in Zagreb. Same as receiving authorties. N/A. However, the Ministry of Justice may assist with identifying competent authorities or provide other relevant information if needed. The following measures will be excluded from the scope of the EIO: setting of a JIT and gathering the evidence within such team service of procedural documents transfer of criminal proceedings and spontaneous exchange of information (applicable bilateral agreements and Art 21 of MLA 1959 Convention shall be applied) freezing /seizure for the purpose of the confiscation (this measure is covered by the freezing order) exchange of criminal records (this measure is covered by FD on ECRIS) cross border surveillance as a type of police cooperation defined by the Article 41 of the SIS Convention other specific police and custom cooperation measures Croatian. However, in urgent cases a translation into English will be accepted on condition of reciprocity. 8
ENTRY INTO FORCE 26 October 2017. CYPRUS The District Judge, in the district of which has jurisdiction to deal with the offense in respect of which it is issued an EIO The same as Issuing Authorities The Ministry of Justice & Public Order ENTRY INTO FORCE 15 December 2017 ESTONIA The competent authorities for executing an EIO are- The competent Judge that has local jurisdiction to order such an investigative measure that is covered in the EIO, The authorities competent to decide to take such investigative measure covered by an EIO (The Office of the Attorney General, The Cyprus Police, The Director of Customs, The Commisioner of Taxation) The Ministry of Justice & Public Order EIO will cover any investigative measures with the exception of the setting up of a joint investigation team and the gathering of evidence within such a team. Greek and English In accordance with requirements laid down in the law of 14 June 2017 (amendments to the Criminal Procedure Code), competent to issue an EIO are: The public prosecutor The judge N/A. Estonian Prosecutor General s Office. In accordance with requirements laid down in the law of 14 June 2017 (amendments to the Criminal Procedure Code), 9
competent to execute an EIO is the public prosecutor. ENTRY INTO FORCE 6 July 2017. FINLAND Estonia has not designated a central authority. Setting up JIT-s is excluded from the EIO transposition law. English and/or Estonian. Where Finland is the issuing State, the competent authorities are: an official with the power of arrest authorised to head investigations within the police, customs or the border guard. In this case the order is validated by the prosecutor; prosecutor, district court, court of appeal, supreme court The prosecutor for the orders issued by the police, customs or the border guard. The same as the executing authorities. Where Finland is the executing State, the competent authorities are: the police, border and customs authorities; Helsinki district court and prosecutors operating under the jurisdiction of the Helsinki district court. However, the hearing of witnesses, experts and other parties in court is the jurisdiction of the court of the district in which the party to be heard has their place of domicile or permanent/temporary residence. If circumstances so warrant, another district court or prosecutor may act as executing authority. Central Authority: The Ministry of Justice acts as the central authority within the meaning of Article 7(3) of the Directive. Its remit is to assist the competent authorities in communications relating to the transfer of an investigation order. Compent authorities for transit requests: The competent authorities of the other Member State must send the Helsinki prosecution unit making the transit decision the details of the identity of the individual to be transported through Finland and the investigation order. EIOs are mostly executed by police in Finland, some by courts and very few by prosecutors. 10
In urgent matters: For EIOs executed by the police, the National Bureau of Investigation (NBI) should be contacted. In NBI there is someone present 24/7 and their contact details are in the EJN Atlas. NBI should be contacted not only by written message but also make sure by phone that the execution has started. It is possible to start measures to ensure execution without the EIO form, if the person sending the request can be identified as competent authority and NBI is assured that EIO form will shortly follow. For identification reasons in urgent cases Interpol or Siena channels are advisable to be used. Also the Finnish desk at Europol is available. The EIOs executed by courts are such by nature that there is no real urgency. The courts would demand an EIO form, but they accept it by email or fax. Prosecutors would in the few cases they have (temporary transfer to Finland ) as a rule need to have the EIO. It can be sent by email (or fax). Early warning by email is accepted and some action can be taken already then if necessary. Service of procedural documents, extracts from criminal records (FD ECRIS), transfer of proceedings, dual criminality requests would not fall in the scope of EIO. EU MLA agreement Article 8 (restitution) and Schengen agreement 40 article (cross border surveillance) would also be out of the scope. Finnish, Swedish or English. The executing authority can always in urgent cases be asked if other languages besides Finnish, Swedish or English can be used. ENTRY INTO FORCE 3 July 2017. FRANCE The competent issuing authority under Article 2 and (d) of the above Directive will be the public prosecutor, the examining magistrate, the examining chamber and its presiding judge, and the trial and sentencing courts and their presiding judges, in accordance with Article 694-20 of the Code of Criminal Procedure. N/A. 11
The same as executing/central authorities. The competent executing authority will be the public prosecutor or the examining magistrate with territorial jurisdiction, in accordance with Articles 694-30, D. 47-1-10 and D. 47-1-11 of the Code of Criminal Procedure. Pursuant to Article 7(3) of the Directive, the following central authorities will be tasked with assisting the competent judicial authorities in three cases: the Director of the Prisons Service within the Ministry of Justice will assist the French issuing or executing authority referred to under a) above by formalising transfer requests for detained persons in liaison with the competent authorities of the foreign country, in accordance with Articles D. 47-1-6 and D. 47-1-18 of the Code of Criminal Procedure; the Director of the Prisons Service within the Ministry of Justice will assist the French issuing authority referred to under a) above by formalising transit requests for detained persons in liaison with the competent authorities of the foreign country, in accordance with Article D. 47-1-6 of the Code of Criminal Procedure; the Director of Criminal Matters and Pardons within the Ministry of Justice (Office for International Mutual Assistance in Criminal Matters) will provide technical or legal assistance if any difficulties are encountered by the national judicial authority or the foreign authority. Moreover, the following central authorities will be competent in three cases: the Minister for Justice will be able to refuse the recognition or execution of a European Investigation Order that could be detrimental to fundamental national security interests, imperil the source of information or include the use of information classified under Article 694-34 of the Code of Criminal Procedure; the Director of Criminal Matters and Pardons within the Ministry of Justice (Office for International Mutual Assistance in Criminal Matters) will be responsible for authorising the transit of a person detained on French territory as part of the execution of a European Investigation Order (EIO) issued by another Member State, in 12
accordance with Article D. 47-1-19 of the Code of Criminal Procedure; the Director of Criminal Matters and Pardons within the Ministry of Justice (Office for International Mutual Assistance in Criminal Matters) will be responsible for responding to telecommunications interception notifications laid down by Article 31 of the Directive, in accordance with Article D. 32-2-1 of the Code of Criminal Procedure. If the matter is urgent, the EIO can be sent via e-mail to the competent judicial authority, provided that the original of the EIO and relevant documents will be delivered as soon as possible In accordance with the provisions of Article 694-18 of the French Criminal procedure code transposing the EIO Directive, An EIO is not issued: For the setting up of a Joint Investigation Team; On freezing orders of assets susceptible of confiscation, when the request is not also made for obtaining evidence; When a request for cross-border observation is made on the basis of Article 40 of the Convention of 19 June 1990 Implementing the Schengen Agreements. French. ENTRY INTO FORCE 22 May 2017. GERMANY Any judicial authority (Federal Prosecutor General of the Federal Court of Justice, the prosecutor's offices, the prosecutor general's offices, the central authority in Ludwigsburg [for the investigation of National Socialist crimes], any criminal court) depending on the allocation of competences. Administrative authorities competent for prosecuting and punishing administrative offences. EIOs from German fiscal authorities which are independently conducting a criminal investigation pursuant to section 386 (2) Tax Code do not require validation by a judicial authority or a court. In this case the fiscal authorities exercise the rights and responsibilities of a prosecutor's office in accordance with section 399 (1) Tax Code in conjunction with section 77 (1) Act on International cooperation in Criminal Matters and themselves act as judicial authority within the meaning of article 2(c) EIO directive. 13
The prosecutor's office in whose jurisdiction the administrative authority is based. The Länder may regulate the local competence in a different way or allocate the competence to a court. The same as issuing authorities. The same as issuing authorities. N/A. It is advisable to get in touch with the competent authority directly or via the EJN to find out what is necessary/could be accepted on a case to case basis. According to German law the following investigation measures are not covered by an EIO: Setting up of a JIT and gathering evidence within such a team Cross-border surveillance Hearing of a suspect by telephone conference ENTRY INTO FORCE 22 May 2017. GREECE Also not covered by the EIO is: sending and service of procedural documents ECRIS transfer of proceedings spontaneous exchange of information seizure of objects/freezing of assets in view of confiscation requests according to Art. 39 (2) CISA Customs/police cooperation German. The competent authorities in Greece to issue an EIO are: 14
a) the judge, the court, the examining magistrate or the prosecutor ENTRY INTO FORCE 21 September 2017. HUNGARY b) any other authority acting as investigative authority in a specific penal case. When the EIO is issued by any other authority acting as investigative authority in a specific penal case, according to the specific legislation, as Customs, police e.t.c., it must be validated by the competent prosecutor. The Public Prosecutor at the Court of Appeal is territorially competent to recognise the EIO and ensure its execution. Same as the receiving authorities. The Public Prosecutor at the Court of Appeal who receives the EIO will designate an examining judge for its execution. The Ministry of Justice, Transparency and Human Rights has been designated as a central authority to assist, if needed. E-mail transmission is recommended. Even though Greece accepts EIOs in English as well, a Greek translation would speed up recognition and execution of the EIO In our view and according to the Directive 2014/41/EU, EIO does not apply to: setting up of JIT (Joint Investigation Teams) and gathering of evidence within these teams freezing/seizure with a view of confiscation (FD 2003/577 will still apply) service and notification of procedural documents transfer of criminal proceedings (Art 21 of MLA 1959 Convention shall be applied) spontaneous exchange of information exchange of criminal records (this measure is covered by FD on ECRIS) cross border surveillance as a type of police cooperation defined by the Article 41 of the SIS Convention other specific police and custom cooperation measures Greek and English. The following Hungarian judicial authorities are competent to issue an EIO: the public prosecutor; the judge. 15
In case of an administrative offence, the authority or court issues the EIO, which conducts the proceedings. In case of urgency, controlled deliveries or the application of covert investigators can be initiated by the competent director of the police or of the National Tax and Customs Administration, appointed by the relevant law, for the duration of 24 hours, with the immediate notification of the competent public prosecutor, whose subsequent approval is required. When an EIO is issued by a public prosecutor during investigative phase for a measure, that falls under the competence of the investigative judge, the EIO needs to be validated by an investigative judge. In case an EIO for an administrative offence is not issued by a court, the EIO will be validated by the Office of the Prosecutor General. Same as executing authorities. EIO-s might be also transmitted through secure channels of EJN or Eurojust. In cases of legal assistance for administrative offences, the receiving authority is the central authority, which is the Prosecutor General. The following Hungarian judicial authorities are competent to execute an EIO: the public prosecutor; the judge. In case of an administrative offence, the competent authority or court executes the EIO, which has jurisdiction in the case. In case of urgency, the execution of controlled deliveries or the application of covert investigators can be granted by the competent director of the police or of the National Tax and Customs Administration, appointed by the relevant law, for the duration of 24 hours, with the immediate notification of the competent public prosecutor, whose subsequent approval is required. Hungary has not designated a central authority. In cases of legal assistance for administrative offences, the central authority is the Prosecutor General. In case of urgent cases or in case the transmission of the EIO in Hungarian language meets extreme difficulties, English, French or German language is accepted. Hungarian. In case of urgent cases or in case the transmission of the EIO in Hungarian language meets extreme difficulties, English, 16
ENTRY INTO FORCE 23 May 2017. ITALY French or German language is accepted. An European Investigation Order may be issued only by Italian Judicial Authorities (a Public Prosecutor or a Judge in charge of the proceedings). N/A ENTRY INTO FORCE 28 July 2017. LATVIA The same as the executing authorities. The authority executing an European Investigation Order shall be the Public Prosecutor attached to the Court of the main city of the district where the requested activity shall be carried out. When the aim of the request for legal assistance is to carry out activities which need to be executed in various districts, they shall be executed by the Public Prosecutor of the district where the higher number of activities shall be performed or, if their number is the same, by the Public Prosecutor of the district where the most significant investigative measure needs to be taken. When the issuing authority asks for the activity to be carried out by a judge or when the requested activity shall be carried out by a judge pursuan to Italian law, the Public Prosecutor shall recognize the Europen Investigation Order and ask the Pre- Trial Investigation Judge to execute it. The Ministry of Justice, Directorate General for Criminal Justice, Office 2 (Ufficio II) International Judicial Cooperation. N/A All the investigative measures, except the setting up of a JIT. Italian. This choice satisfies the need that the recognition and execution of the EIO will be carried out within the time frame laid down in the Directive. Pre-trial stage a person directing the proceedings: - in an investigation an investigator or in exceptional cases a public prosecutor; - in a criminal prosecution a public prosecutor. In trial stage a judge who leads the trial. 17
ENTRY INTO FORCE 20 May 2017. LITHUANIA In pre-trial stage the supervising public prosecutor. No validating in trial stage. Latvian State Police during pre-trial investigation until prosecution ; Prosecutor General s Office during pre-trial investigation until submitting the case to the court; The Ministry of Justice during the trial. Pre-trial stage: - in prosecution stage Prosecutor General s Office, - until the prosecution Latvian State Police. Trial stage first instance courts depending on jurisdiction. The same as receiving authorities. In urgent matters Latvia can receive an e-mail request. English may be accepted, but preferable is Latvian language, because documents that are composed in English language will still be needed to translate, therefore translation can take some time (even a month) and case can not be started if documents are not translated in official language. In some cases the principle of reciprocity could be applied. The EIO Directive would apply only for investigative measures, excluding JIT s (Article 3), the cross-border surveillance (Recital 9 of the Directive) and spontaneous exchange of information. Latvian. The issuing authorities are the following: the court handling the case in a trial stage; the regional prosecutor s office handling or in charge of the pre-trial investigation; the Prosecutor General s Office in cases when: 1) it is handling or in charge of the pre-trial investigation; 2) the EIO is for temporary transfer of the person pursuant to Articles 22 and 23 of the Directive. N/A. The same as executing authorities. 18
The executing authorities are the following: district courts, when the EIO is issued in a trial stage; regional prosecutor s offices, when the EIO is issued in a pre-trial stage; the Prosecutor General s Office, when: 1) the EIO is issued for temporary transfer of the person pursuant to Articles 22 and 23 of the Directive; 2) the EIO is issued in a pre-trial stage and: a) there is no possibility to locate the exact territory for execution; b) there is more than one location for execution and there is a need for coordination of the execution of the EIO. Two central authorities are appointed: 1) the Prosecutor General s Office in a pre-trial stage and 2) the Ministry of Justice in a trial stage. These two central authorities are there to assist the competentent authorities, when required. ENTRY INTO FORCE 15 June 2017. LUXEMBURG The Law, which transposed the provisions of the Directive, is aimed at direct communication between competent issuing and executing authorities. Thus, the outgoing EIOs shall be transmitted directly by the competent issuing authority to the competent authority in another Member State. The same applies for incoming EIOs. As pointed out in the EIO Directive under Article 3, setting up of a JIT and gathering evidence within such a team is out of the scope. Recital 9 of the Directive (exclusions of cross-border surveillance as referred to in the Convention implementing the Schengen Agreement) shall also be respected. Lithuanian or English. 19
ENTRY INTO FORCE 15 September 2018 MALTA Out of the scope of the EIO: The setting up of a JIT. However, when a competent authority participating in a JIT requests assistance from another MS than those participating in the JIT, an EIO may be issued to this end. Cross boarder observation according to Art. 40 Schengen Implementing Convention. The issuing authorities are the following: A judge, a court, an investigating judge or a public prosecutor competent in the case concerned The Attorney General The Attorney General, the Executive Police, and the Court The Attorney General 20
In urgent matters an EIO may be sent via email, however the original EIO has to be sent as per Maltese Law as soon as possible Maltese, English. ENTRY INTO FORCE 24 October 2017. THE NETHERLANDS The following Dutch judicial authorities are, in accordance with Article 5.4.21 of the law of 31 May 2017 competent to issue an EIO: the public prosecutor; the examining judge; court. N/A. The Dutch authority competent to receive an EIO is the Centre for International Legal Assistance locally competent to execute the investigative measure or one of the investigative measures indicated in the EIO. EIOs may also be sent to the National Centre for International Legal Assistance, in particular in the following cases: cross border surveillance and the location in the Netherlands is unkown; the location of the investigative measure needs to be determined; coordination of the execution of the EIO is needed, since measures in several districts are required. The public prosecutor at local Centres for International Legal Assistance (10 IRC s) or at the National Centre for International Legal Assistance (LIRC) is competent to execute an EIO. The same as receiving authorities. The LIRC may involve the National Prosecution Service (LP) or the Fuctional Prosecution Service (FP) to execute an EIO. 21
Dutch or English. ENTRY INTO FORCE 17 June 2017. POLAND The competent authorities able to issue an EIO are the following: Any prosecutor Any court Other investigating authorities or authorities entitled to conduct investigation, such as: Police, Border Guard, Internal Security Agency, National revenue Administration, Central Anticorruption Bureau, Military Police, Trade Inspectorate and the State Sanitary Inspectorate, the President of the Office of Electronic Communications, State Hunting Guard, Forest Service, heads of Customs and Revenue Offices and heads of Revenue Offices, the Military Counter-Intelligence Service and Military Intelligence Service Any prosecutor District and circuit courts The same as executing authorities. Generally, circuit prosecutors at the pre-trial stage District courts at the trial stage and regardless of the stage of the proceedings: Circuit courts in matters concerning the temporary transfer of a person held in custody to the issuing State or to Poland to carry out investigative measures District courts in matters relating to interception of telecommunications One Central Authority only for cases at the pre-trial stage is: The National Prosecutor s Office, Bureau of International Cooperation, ul. Rakowiecka 26/30, 02-528 Warszawa, tel.: +48 22 1251490, fax: +48 22 1251422, e-mail: sekretariat.bwm@pk.gov.pl Poland did not establish a Central Authority for cases at the judicial stage of the proceedings. However, if an EIO was issued at the judicial stage of the proceedings and establishing the competent court was not possible (even via EJN Contact Points), the transmission of an EIO is possible via the Ministry of Justice, Department of International Cooperation and Human Rights, ul. Chopina 1, 00-950 Warszawa, tel.: +48 22 2390870, fax: +48 22 6280949, e-mail: dwmpc@ms.gov.pl 22
In urgent matters fax or e-mail transmission of an EIO will be accepted. ENTRY INTO FORCE 8 February 2018 PORTUGAL Any investigative measures would be included within it, except for the ones not covered by the EIO Directive (e.g. setting up of JITs and the gathering of evidence within such teams Poland accepts EIOs in Polish. In case of urgency then English would also be acceptable. The competent authorities to issue an EIO, in accordance with article 12º of Law 88/2017, of 21 August, are the following: the public prosecutor; the examining judge; the judge. When an administrative authority with regard to an administrative offence proceeding issues an EIO, it needs to be validated by the public prosecution. The competent authorities to receive and execute an EIO, in accordance with article 19º of Law 88/2017, of 21 August, are the same national authorities locally competent to order an investigative measure, in accordance with the provisions of the Portuguese criminal procedural law. The same as receiving authorities. The central authority is, under article 10º Law 88/2017, of 21 August, the Prosecutor General s Office The Law, which transposed the provisions of the Directive, is aimed at direct communication between competent issuing and executing authorities. Thus, the outgoing EIOs shall be transmitted directly by the competent issuing authority to the competent authority in another Member State. The same applies for incoming EIOs. 23
Service of documents is also included as part of the scope of the EIO. Portuguese. ENTRY INTO FORCE 22 August 2017. ROMANIA The competent Prosecutor s Office during the criminal prosecution (pre-trial) phase. The competent court during the trial phase. N/A. The same as the executing authorities. The Central Authority (see below) may also receive European Investigation Orders, but the direct contact is the rule. The competent Prosecutor s Office during the criminal prosecution (pre-trial) phase.the competent court during the trial phase. Ministry of Justice, Directorate for International Law and Judicial Cooperation, Division for International Judicial Cooperation in Criminal matters during trial phase; Public Ministry during criminal prosecution phase, as follows: - National Anti-Corruption Directorate, International Judicial Cooperation Unit for serious corruption offences; - Directorate for Investigation of Organised Crime and Terrorism, International Judicial Cooperation Unit for organised crime and terrorism offences; - Prosecutor s Office of the High Court of Cassation and Justice, International Judicial Cooperation Unit, for other crimes. In urgent situations, Romanian authorities may request translation of the European Investigation Order directly into Romanian. E-mail communication is accepted, provided that the authencity can been established. In our view, apart from the measures expressly regulated in Chapter IV and in Chapter V of this directive, the Directive 2014/41/EU on the European Investigation Order in Criminal matters obviously covers any other investigation measure except setting up of Joint Investigation Teams and gathering of evidence with such teams, expressly excluded from the EIO scope in according to Article 3 of the directive and the freezing with a view of confiscation and the confiscation itself, taking into account that the existing legal basis 24
ENTRY INTO FORCE 17 December 2017. SLOVAKIA for the latter is not replaced in accordance with Article 34 (1) of the directive. In addition, we believe it does not apply to: service and notification of documents, on the one had because this is not an investigation measure per se, and, on the other hand, the service by post rule established in Article 5 (1) of the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union represents a much easier procedure than the EIO itself, so Article 34(2) of the directive allows its application. extracts from criminal records, to which the FD 2009/315/JHA (ECRIS) will continue to apply. Nevertheless, within a criminal investigation, the EIO directive may also be used to obtain information from criminal records; Specific police and custom cooperation measures Romanian, English or French. N/A The competent court, during trial. The competent prosecutor, during a pre-trial stage of proceedings. The same as executing authorities. Regional prosecutor s office according to the place where an investigation should take place, when more Regional prosecutor s offices are competent, the one which received the EIO will execute it. If is not possible to determine which Regional prosecutor s office is competent, General prosecutor s office will decide which one will execute the EIO. If is requested that it must be executed by court, than District court according to the place where the execution of the EIO will be realised is competent. N/A The Slovak Republic can accept in urgent matters EIO sent via email or fax or through Eurojust, however original copy of EIO and relevant documents have to be delivered as soon as possible. Unfortunately, everything has to be translated into Slovak 25
(and the Czech Republic can send it in Czech language). EIO will cover any investigative measures with the exception of the setting up of a joint investigation team and the gathering of evidence within such a team. Slovak ENTRY INTO FORCE 15 October 2017. SLOVENIA Czech Republic can send EIO in Czech language. 1) State Prosecutor at the District State Prosecution Office or the Specialised State Prosecution Office of the Republic of Slovenia for the following investigative measures in pre-criminal or criminal procedure: secret surveillance without using technical devices, feigned purchase, feigned acceptance or giving of gifts or feigned acceptance or giving of bribes, undercover operations without using technical devices, suspended arrest of a suspect or suspended performance of other measures with a view to discovering a major criminal activity (e. g. controlled delivery). 2) Investigative judge at the District Court for the remaining investigative measures in pre-criminal or criminal procedure. 3) The Local Court for investigative measures in the procedure on misdemeanours. N/A 1) State Prosecutor at the District State Prosecution Office within the jurisdiction of which the requested investigative measure should be performed, for the following investigative measures in pre-criminal or criminal procedure: secret surveillance without using technical devices, feigned purchase, 26
feigned acceptance or giving of gifts or feigned acceptance or giving of bribes, undercover operations without using technical devices, suspended arrest of a suspect or suspended performance of other measures with a view to discovering a major criminal activity (e. g. controlled delivery). For the cases where the territorial jurisdiction of the District State Prosecution Office cannot be established: the District State Prosecution Office of Ljubljana. 2) Investigative Judge at the District Court within the jurisdiction of which the requested investigative measure should be performed, for for the remaining investigative measures in pre-criminal or criminal procedure. For the cases where the territorial jurisdiction of the District Court cannot be established: the District Court of Ljubljana. 3) The Local Court within the jurisdiction of which the requested investigative measure should be performed for investigative measures in the procedure on misdemeanours. The same as the receiving authorities. N/A The Republic of Slovenia dis not designate a central authority. However, the Ministry of Justice may assist with identifying competent authorities or provide other relevant information if needed. In urgent matters an EIO may be sent via email, however the original EIO has to be sent as soon as possible. ENTRY INTO FORCE 5 May 2018 SPAIN Slovene or English languge. 27
The courts or tribunals dealing with the criminal proceedings in which the investigative measures are to be taken or who have admitted the evidence in the trial: Investigating courts Central investigating courts Criminal courts and central criminal court Court of violence against women Juvenile courts Central juvenile court Provincial Courts Criminal chamber at the high court of justice in Autonomous Community Criminal chamber of the national high court Criminal chamber of the Supreme Court. The public prosecutor s office in proceedings, in which it holds the investigation, if the measure is not limitative in respect of fundamental rights. N/A The public prosecutor s office The public prosecutor s office as long as fundamental rights are not affected If fundamental rights are affected: - The investigating judge at the place where investigation is to be carried out or central investigating judges if there is no territorial connection. - Central investigating judges if the European order was issued for terrorism or other offences that fall within the competence of the national High court. - Central criminal court or the central juvenile court for transfer to the issuing State of persons deprived of their liberty in Spain. For the purpose of ensuring transit through the Spanish territory of a person who is being transferred from the issuing State to the executing State or vice versa, the Spanish Central Authority to authorise the transit is the Deputy General Directorate for International Legal Cooperation of the Ministry of Justice. Ministerio de Justicia. Subdirección General de Cooperación Juridica Internacional. 28
ENTRY INTO FORCE 2 July 2018 C/San Bernardo, 62 28015 Madrid Telephone: + 34 91 390 2228 Fax: + 34 91 390 4457 Pursuant to Article 12 (2) of Directive 41/14 and Article 208 (5) of Spanish Law 23/14 on mutual recognition, in cases of urgency the Spanish authority shall carry out the investigative measure requested by the issuing State within the period laid down by that State, even if it is less than 90 days. The courts would demand an EIO form, but they would accept it provisionally by email or fax in Spanish. EIO Directive will not replace, among others, the following provisions: Service and sending of procedural documents (Article 5 of the MLA 2000 Convention); Spontaneous exchange of information (Article 7 of the MLA 2000 Convention); Transfer of criminal proceedings (Article 21 of the MLA Convention and the CoE Convention 1972 on the Transfer of Proceedings); Returning of an object to the injured party (Article 8 of the 2000 Convention) including a seizure only for this purpose Spanish SWEDEN Issuing authorities are public prosecutors and courts. N/A Receiving authorities are public prosecutors and courts. For more information see the Atlas. The same as the receiving authorities. Sweden has not appointed a Central Authority 29
ENTRY INTO FORCE 01 December 2017. The executing authority can, if deemed appropriate in the particular case, decide to accept receiving the EIO by e-mail. The EIO covers all investigative measures in order to gather evidences. Not covered by the EIO are: Customs and police cooperation, e.g. cross border surveillance Setting up a JIT Extracts from criminal records to which the ECRIS applies Hearing of a suspect by a telephone conference Measures taken in order to secure confiscation Service of procedural documents Investigative measures must not intrude upon: Swedish constitutional laws The security of Sweden The security of witnesses and other informants or their relatives Swedish. The executing authority can, if deemed appropriate in the particular case, decide to accept English UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND The competent authorities able to issue an EIO are the following: A designated public prosecutor (those listed in Part 1 of Schedule 1 to the Criminal Justice (European Investigation Order) Regulations 2017) (for England and Wales or Northern Ireland) Any judge or justice of the peace (for England) Any judge (for Northern Ireland) Any judge of the High Court or sheriff (for Scotland) The Lord Advocate or a procurator fiscal (for Scotland) For Gibraltar, the competent authorities able to issue an EIO are the following: A Justice of the peace A Judge of the Supreme Court 30